What is a motion to dismiss?

A motion to dismiss is a legal request by a defendant in a civil case. It is asking the court to dismiss a lawsuit against them, usually before the case has gone to trial. In Idaho, this motion is made to the court by the defendant, and must be supported by evidence that the plaintiff has not brought a valid claim against the defendant. For example, if a plaintiff sues a defendant for breach of contract, but does not present any evidence that a valid contract existed, the defendant may make a motion to dismiss. The motion, if granted, would end the lawsuit without a trial. The court will usually allow the plaintiff an opportunity to respond to the motion to dismiss before making a decision. The court can then decide, based on the evidence presented, to grant or deny the motion. If the motion is granted, the lawsuit will be dismissed and the defendant will not have to face a trial. On the other hand, if the motion is denied, the case will proceed to trial.

Related FAQs

What are the applicable statutes of limitations?
What is the pleading stage of civil procedure?
What are the elements of a civil lawsuit?
What are the rules and procedures for jury selection?
What are the rules for joinder of parties in a civil suit?
What is a change of venue?
How can a party be added or removed from a lawsuit?
What is a motion for summary judgment?
What is a judgement in rem?
What are the remedies for discovery violations?

What is a motion to dismiss?

Related FAQs

Related Blog Posts